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 Hatch, Leahy Target
 Most Egregious Computer Spammers

Introduce Bipartisan Criminal Spam Act of 2003

Washington (Thur., June 18) –Senate Judiciary Committee Chairman Orrin G. Hatch (R-Utah) and Ranking Democratic Member Patrick Leahy (D-Vermont) today introduced the bipartisan Criminal Spam Act of 2003.  The bill targets the most egregious types of spammers – those who hijack computer systems or use other fraudulent means to send unsolicited commercial e-mail.

“The abusive practices of fraudulent spammers threaten to choke the lifeblood of the electronic age,” stated Hatch.  “This problem warrants swift but deliberative legislative action.  Current federal law does not adequately address the tactics sophisticated spammers use to conceal their identities, evade Internet service provider filters, and exploit the Internet by promoting pornographic web sites, illegally pirated software, questionable health products, pyramid schemes and other ‘get rich quick’ scams.” 

“Without a doubt, spam is a serious problem today that is threatening to undermine the vast potential of the Internet to foster the free exchange of information and commerce,” said Leahy.  “Our bill targets the four principal techniques that spammers use to evade filtering software and hide their trails.  Ridding America’s inboxes of deceptively delivered spam will significantly advance our fight to clear electronic channels for legitimate communications.”

The Criminal Spam Act of 2003 includes the following provisions: 

·       Makes it a crime to hack into a computer, or to use a computer system that the owner has made available for other purposes, as a conduit for bulk commercial e-mail;   

·       Prohibits sending bulk commercial e-mail that either conceals the true source, destination, routing or authentication information of the e-mail, or is generated from multiple e-mail accounts or domain names that falsify the identity of the actual registrant;

 ·       Subjects violators to stiff criminal penalties of up to 5 years’ imprisonment where the offense is     committed in furtherance of any felony, or where the defendant has previously been convicted of a similar federal or state offense, and up to 3 years’ imprisonment where other aggravating factors exist;

·       Directs the Sentencing Commission to consider sentencing enhancements for offenders who obtain e-mail addresses through improper means, such as harvesting;

·       Authorizes the Department of Justice and aggrieved Internet service providers to bring suit for violations of the Act.   In appropriate cases, courts may grant injunctive relief, impose civil penalties, and award damages; and

·       Directs the Administration to work through international fora to gain the cooperation of other countries in investigating and prosecuting spammers worldwide, and to report to Congress about its efforts.

The bipartisan Criminal Spam Act of 2003 is also cosponsored by Senators Charles Schumer (D-NY), Chuck Grassley (R-Iowa), Dianne Feinstein (D-CA), Mike DeWine (R-Ohio), and John Edwards (D-NC).

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Related Links:

Statement Of Senator Patrick Leahy On The Criminal Spam Act Of 2003 June 19, 2003

Bill Text Of S. 1293, The Criminal Spam Act Of 2003 [Link To Library Of Congress]